Current Legal News

Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.

The TBA is renewing a program that invites judges and judicial candidates to agree to a campaign code aimed at preserving public faith in the integrity of the justice system. Announcing the effort today, TBA President Cindy Wyrick said, “Judicial elections are different. Judges must run on a pledge that they will conduct themselves in a fair and impartial manner if elected. A judicial candidate who might be asked to pre-judge a case or to comment on legal issues might have to step aside, or recuse himself or herself, if they already announced how they would rule.” The 2014 effort builds on the highly successful 2006 program, which saw 189 judicial candidates agree to abide by the code of conduct. Judicial candidates who agree to the Tennessee Fair Judicial Campaign Code of Conduct during this election cycle will be listed on the TBA's website, which also will include general information about judicial campaigns and a voter guide called “Judging Judges.” Watch for details coming soon.

Don’t be caught unaware! New rules governing disciplinary enforcement of attorneys go into effect Jan.1. Learn how these new rules will impact your practice at a CLE on Nov. 15 in Nashville. The three-hour course offers dual credit and will cover issues such as a new ban on anonymous complaints against attorneys, new power for the courts to appoint receiver attorneys, new recusal standards for hearing panel members, and clarification about TLAP agreements, the role of practice monitors and the use of private discipline. Learn more or register now.

Lawyers in Memphis will honor outstanding pro bono volunteers during a Pro Bono Reception and Celebration next Tuesday from 5:30 to 7 p.m. The event, which will take place at Butler Snow, is hosted by the Memphis Bar Association’s Access to Justice Committee, Memphis Area Legal Services and the Community Legal Center. Email Mary Lynes or call (901) 271-0660 to RSVP. Learn more about this and other Celebrate Pro Bono events across the state.

A federal judge in Alabama has allowed a lawsuit against Pilot Flying J to be brought by Wright Transportation, despite Pilot’s claim the case should be dismissed given a pending class action settlement and an ongoing federal investigation. The judge rejected that argument noting that Wright, like 90 other companies, had opted out of the class action designed to settle claims that Pilot withheld millions of dollars in promised rebates. The proposed $40 million class-action settlement will be heard Nov. 25 in Little Rock, The Tennessean reports.

Leroy Lemayne Hidinger Jr. died Saturday (Oct. 19) in Memphis at the age of 93. A graduate of the University of Mississippi, Hidinger began pursuing a law degree at the University of Virginia but was interrupted by World War II. After the war, Hidinger completed his law degree at Southern Law University, which later became part of the University of Memphis. He went on to earn a master degree in business from the Wharton School. In 1950, he opened Cavalier Cleaners and operated the business for 62 years. Services will be held Wednesday at 11:30 a.m. at Memorial Park Funeral Home. The family will receive friends from 10 to 11:30 a.m. In lieu of flowers, memorials may be made to St. John's United Methodist Church Endowment Fund, 1207 Peabody Ave., Memphis, TN 38104, or the Church Health Center, 1196 Peabody Ave., Memphis, TN 38104. The Commercial Appeal has more on his life.

Knox County District Attorney Randy Nichols has determined that no criminal charges are warranted against Ben Farmer, who has acknowledged responsibility for a telephone “robo call” poll about state Sen. Stacey Campfield. Farmer’s attorney said in an email Monday that his client has been embarrassed by the episode, which previously was characterized as a “computer glitch” during testing of polling operations by Cyragon LLC, a company owned by Farmer. Campfield also had questioned whether Knox County Commissioner Richard Briggs, who is opposing his re-election and previously was employed by Cyragon, was involved in the robo calls. Briggs has denied any involvement, Knoxnews reports.

Memphis Mayor A C Wharton has issued an executive order directing city police to test all unprocessed rape kits as soon as possible and to work to improve the treatment of rape victims, the Commercial Appeal reports. Wharton said Monday that he hoped the action would help the city find the money to process the 6,889 untested items in police custody. The order also urges the police department to convene a community conversation on how it responds to victims of violence, rape and sexual assault, and to work with local advocacy groups to develop policies for handling sexual assault cases in the future.

Knox County judges are trying to resolve a range of problems stemming from errors tied to the criminal court clerk’s office, Knoxnews reports. The paper based its reporting on interviews conducted last week. Among its findings, it uncovered allegations of improper arrests, dismissal of cases due to missing paperwork, and the hiring of a collection agency that has reported payments late and was selected without an open-bidding process. Clerk Joy McCroskey defends her office and workers saying, "I think some of it is disgruntled former employees." Given the issues, Knox County Commissioner Mike Hammond recently said he is considering a race against McCroskey in the Republican primary next summer. The paper has published several articles on the situation, including one this afternoon quoting Judge Andrew Jackson VI about the situation. WATE TV weighs in today as well, with news that the county sheriff has denied any responsibility for the improper arrests.

Nathan Nichols, an assistant district attorney general in Rutherford County, has announced he is seeking the Republican nomination for circuit court judge in the 16th Judicial District. The party will select its candidate during a May 6 primary, the Murfreesboro Post reports. The circuit judge hears all criminal cases filed in Rutherford and Cannon county circuit courts. Nichols currently prosecutes a wide range of criminal cases. He previously worked as a criminal investigator with the office and as a deputy clerk for the Cannon County Circuit Court.

Knoxville lawyer Herbert S. Moncier filed a federal lawsuit Friday accusing Gov. Bill Haslam and state elections chief Mark Goins of violating his constitutional rights, Knoxnews reports. He claims that by creating a new commission to appoint appellate judges in the absence of a legislatively constituted body, the state has infringed on his rights under the first and 14th amendments. Moncier says he wants to run next year to replace Judge Joseph Tipton, who is retiring from the Court of Criminal Appeals.

Williamson County General Sessions Court Judge Denise Andre was selected by her peers to serve as middle district vice president of the Tennessee General Sessions Judges Conference. She was named to the post at the conference’s fall meeting in Gatlinburg, The Tennessean reports. Andre was elected to the bench in 2006. In addition to her criminal and civil dockets, she is founder and presiding judge of the General Sessions DUI Court, an intensive program for repeat DUI offenders.

This case concerns whether the widow of a deceased man may share in the wrongful death settlement obtained by his personal representative. We conclude that the postnuptial agreement entered into by the widow prevents her from benefitting from the wrongful death settlement. Affirmed and remanded.

The Tennessee Supreme Court ruled today that a parent seeking to modify a residential parenting schedule after establishing a permanent parenting plan is not required to prove the parents did not anticipate a significant change in circumstances at the time of the initial parenting agreement, the Administrative Office of the Courts reports. The Court emphasized that the trial court properly applied the law in Andrew K. Armbrister V. Melissa H. Armbrister and modified the residential parenting schedule consistently with other statutes instructing courts to structure residential parenting schedules so that both parents enjoy the maximum participation possible in the life of the child.

Whether your blood runs orange or black and gold, start your preparations for this year's annual UT-Vandy football game in Knoxville with the TBA's Pre-Game CLE Ppogram on Nov. 22. Mix and mingle with your colleagues from these two proud Tennessee schools the afternoon before the big game, while also learning about legal issues facing the sports world today. Topics will touch on the law, ethics, and complexity of amateur athlete compensation and managing relationships between schools, players, and the NCAA.

The Community Legal Center and Memphis Bar Association will host Strut! this Thursday at Mercedes-Benz of Memphis. Strut! is the annual fundraiser for CLC and includes food, wine and a fashion show. The event starts at 6 p.m. Tickets are $50. For event sponsorship information, contact CLC at (901) 543-3395.

Samuel Jones was publicly censured on Oct. 16 for failing to adequately communicate with a client during his representation in a divorce proceeding. Jones also failed to diligently represent the client, which led to the court’s dismissal of the client’s case on two separate occasions for lack of prosecution. Download the BPR notice.

Young lawyers with the Tennessee Bar Association and the Chattanooga Bar Association will hold two training sessions Friday at 9 a.m. and 1 p.m. in the Chattanooga Downtown Library Auditorium. The sessions will educate librarians and court clerks about free services available to members of the public seeking legal assistance. To attend, RSVP to Ellie Hill at (423)756-7117. The Chattanoogan has more.

Former TBA President and Tennessee Bar Journal columnist Bill Haltom is recovering from two attacks he suffered recently while running in Memphis, the Commercial Appeal reports. Haltom had his iPhone taken and suffered a broken jaw, but his sense of humor remains intact. “They say that in America a man is assaulted every seven seconds," Haltom wrote on his website, "and he's getting mighty tired of it!”

The ABA’s 2012 Legal Technology Survey Report says 89 percent of American lawyers use smartphones for law-related tasks. Almost half of that number use iPhones, while 31 percent use BlackBerry and 18 percent use Android phones. To help lawyers decide which is right for them, the Canadian Lawyer compared and contrasted the features of these top three phones.

Memphis Mayor AC Wharton is speaking out about the city’s lost battle to have library cards with a photo serve as legal identification for voting. Wharton told WREG News Channel 3 that the city stood up for poor, disenfranchised voters in the fight. “Emphasis ought to be on getting more people to vote as opposed to reducing the number of people who vote,” Wharton said. The Supreme Court says the law doesn’t prevent anyone from voting because anyone who can’t afford it, can get a free photo ID from the Department of Motor Vehicles.